GEORGETOWN, Guyana (CMC) — The High Court yesterday dismissed an application as to whether or not the Guyana Elections Commission (GECOM) would be allowed to use the recounted, valid and certified results to declare the official outcome of the disputed March 2 regional and general elections.

In a ruling lasting, Chief Justice Roxanne George said she was bound to follow the earlier decisions of the Court of Appeal and ultimately the Caribbean Court of Justice (CCJ) on matters that had been raised regarding the elections in which both the ruling coalition, A Partnership for National Unity (APNU) and the main Opposition People’s Progressive Party/Civic) are claiming victory.

“The application is accordingly dismissed. I have been lenient in the award of costs in what I call national interest matters since I have considered them as important for the development of our jurisprudence, more especially our constitutional jurisprudence,” Justice George said..

She said that barring a new issue that may arise “or a claim that the judgement was improperly obtained, for example, through a representation of facts or law or the perpetration of a fraud on the courts and applicant is bound by the decision on any issue that has been raised and adjudicated on previously.

‘There must be finality to judicial decisions,” she said, noting that myriad presence cannot be permitted to engage in multiple applications regarding the same issue which has been decided and shield behind the claim that they were not a party to the previous proceedings,” the judge said,

“To so permit would be to waste precious judicial time and resources. In short order this cannot be allowed,” she added.

Private citizen Misenga Jones had sought a number of relief including asking the High Court to compel GECOM to use the 10 district declarations in announcing the winner of the elections.

She had named GECOM, its chairman retired Justice Claudette Singh and the Attorney General Basil Williams as respondents, but several others including the Opposition Leader Bharrat Jagdeo and Irfaan Ali, the presidential candidate of the main opposition People’s Progressive Party/Civic (PPP/C), had been added to the list of respondents.

The applications have already indicated they intend to file an appeal as early as today.

In her ruling, the chief justice also found that the court had jurisdiction over the matter even as the attorneys for the respondents had claimed that the matter was one to be dealt with through an election petition.

The attorneys for Jones, led by Trinidad-based Senior Counsel John Jeremie had argued that Section 22 of the Election Law was unconstitutional, invalid and as a result the recount that had been undertaken and supervised by a team from the Caribbean Community was also invalid.

She said the applicants had also sought a determination as to whether GECOM and the chief elections officer were acting lawfully.

“It is in this context that there can be judicial review of their decision. I have further concluded that in this context there is a distinction to be drawn as regards inquiring into the functions of the chairperson at GECOM which is restricted by Section 140 and interpreting the constitutionality of Section 22 and Order 60 as well as Article 177 to determine if they are acting lawfully.